South Carolina General Assembly
109th Session, 1991-1992
Bill 3650
124.16. The Department of Highways and Public
Transportation is authorized to issue a temporary driver's license
or identification card without a laminated colored photograph of
the licensee, for a period not to exceed twelve months. The
applicant and licensee must comply with provisions of law as set
forth in Chapter 1 of Title 56 of the South Carolina Code of Laws,
as amended, and such license shall expire no later than the last
day of the month one year from the date of issuance or such time
as indicated by the Department. The fee for such temporary
license or identification card shall be one dollar.
124.17. The Department of Highways and Public
Transportation shall have the authority with the approval of the
Attorney General to employ, within existing authorized
positions, necessary legal and support staff to represent the
Department in legal matters, including condemnation proceedings
and other litigation; such representation shall be under the
jurisdiction and control of the Attorney General.
124.18. The Department of Highways and Public
Transportation shall continue to collect the casual sales tax as
contained in the contractual agreement between the Tax
Commission and the Department and the State Treasurer is
authorized to reimburse the Department on a monthly basis for the
actual cost of collecting the casual sales tax and such
reimbursement shall be paid from revenues generated by the casual
sales tax.
124.19. Notwithstanding any other provision of law, the
Department of Highways and Public Transportation is hereby
authorized to directly contract public transportation funds with
any private operator of a public transportation system to provide
service to the general public; provided, that a plan of service
has been established and approved by the local general purpose
government which has jurisdiction for the area to be served, and
approved by the Department, the Highway Commission and the federal
government.
124.20. The Department may transfer funds appropriated
to this Section from one line item to another as the needs demand
with permission from the Budget and Control Board.
124.21. In recognition of budgetary restraints, the
South Carolina Department of Highways and Public Transportation,
its Commission, officers and employees, are herewith granted the
discretionary authority to relax design and construction standards
for the current fiscal year, with respect to highway projects in
the secondary State highway system, and the exercise of such
discretionary authority to relax design and construction standards
shall not give rise to any liability on the part of the
Department, its Commission, officers and employees.
124.22. The Select Oversight Committee created under
the provisions of Section 12-27-1300 of the 1976 Code shall direct
that an amount equal to one-fourth of one cent not to exceed
$3,000,000 generated from the tax levied under the provisions of
Section 12-27-1210 through 12-27-1240 must be used to fund public
transportation activities in this State.
124.23. Of the amount appropriated in this section for
"Supplies and Materials" under Part IV ("Motor Vehicle Personal
Service"), one thousand dollars must be expended by the department
in Fiscal Year 1991-92 in a pilot project to improve highway
safety regarding rural mail delivery, by producing and erecting
roadway signs stating "Rural Mail Route, Frequent Stops Ahead", so
as to mark rural mail delivery routes where frequent stops occur.
124.24. DELETED
124.25. DELETED
124.26. DELETED
124.27. DELETED
SECTION 127
RECAPITULATION
TOTAL FUNDS GENERAL FUNDS
SEC. NO.
LEGISLATIVE DEPARTMENT:
3A. THE SENATE 7,523,776 7,523,776
3B. HOUSE OF
REPRESENTATIVES 8,519,020 8,519,020
3C. SPECIAL SERVICES
BOTH HOUSES 311,983 311,983
3D. CODIFICATION
OF LAWS 2,107,736 2,107,736
3E. LEGIS. PRINTING & ITR 2,651,107 2,651,107
3F. LEGIS. AUDIT COUNCIL 1,088,359 1,088,359
3G. LEGIS. INFORMATION SYS 889,493 889,493
3H. STATE REORGANIZATION
COMMISSION 1,027,191 1,027,191
3I. S.C. ADVISORY COMM.
INTERGOVERNMENTAL REL. 252,305 252,305
3J. JOINT LEGISLATIVE
COMMITTEES 3,135,923 2,930,923
TOTAL LEGISLATIVE
DEPARTMENT 27,506,893 27,301,893
JUDICIAL DEPARTMENT:
4. JUDICIAL DEPARTMENT 27,004,101 26,954,101
4A. SENTENCING GUIDELINES
COMMISSION 88,964 88,964
TOTAL JUDICIAL
DEPARTMENT 27,093,065 27,043,065
EXECUTIVE AND
ADMINISTRATIVE DIVISION:
5. GOVERNOR'S OFFICE:
5A. EXECUTIVE CONTROL 1,297,174 1,297,174
5B. STATE LAW ENFORCEMENT 25,464,048 22,807,691
5C. EXECUTIVE POLICY 212,889,877 6,542,680
5D. MANSION AND GROUNDS 210,841 210,841
6. LT. GOVERNOR'S OFFICE 274,370 274,370
7. SECRETARY OF STATE 1,382,552 1,362,552
8. COMPTROLLER GENERAL 4,389,323 4,389,323
9. STATE TREASURER 8,221,149 3,621,149
10. ATTORNEY GENERAL 6,536,103 6,536,103
10A. PROSECUTION COORD.
COMMISSION 5,628,125 5,628,125
11. COMMISSION ON APPELLATE
DEFENSE 854,364 854,364
12. ADJUTANT GENERAL 13,165,151 5,530,230
13. ELECTION COMMISSION 1,896,303 1,724,159
14. B & C BOARD:
14A. EXECUTIVE DIRECTOR 1,676,763 1,432,281
14B. INTERNAL OPERATIONS 2,943,706 2,058,988
14C. FINANCIAL DATA SYSTEMS 3,730,064 2,609,083
14D. STATE BUDGET DIV. 1,408,367 1,408,367
14E. RESEARCH AND STATISTICS 4,153,204 3,491,217
14F. INFO. RESOURCES MGMT. 35,572,317 1,764,579
14G. GENERAL SERVICES DIVISION 28,740,573 6,496,592
14H. STATE FIRE MARSHAL 3,224,892 2,383,148
14I. MOTOR VEHICLE MGT. 6,733,688 308,750
14J. INSURANCE SERVICES DIV. 7,381,834
14K. HUMAN RESOURCE MGT. 5,158,348 3,222,197
14L. LOCAL GOVERNMENT 39,521,928 13,231,393
14M. STATE AUDITOR 4,034,636 4,034,636
14N. ECONOMIC ADVISORS 366,324 366,324
14P. RETIREMENT SYSTEMS 6,886,593
14Q. EMPLOYEE BENEFITS 9,657,755 9,368,111
14R. CAPITAL RESERVE FUND 65,895,420 65,895,420
TOTAL EXECUTIVE
AND ADMIN. DIV. 509,295,792 178,849,847
EDUCATIONAL DIVISION:
15. COMMISSION ON
HIGHER EDUCATION 6,750,134 3,788,895
16. HIGHER EDUCATION
TUITION GRANTS COMM. 17,819,011 17,041,792
17. THE CITADEL 42,009,230 13,312,089
18. CLEMSON UNIVERSITY
(EDUC. & GENERAL) 244,530,348 79,262,374
19. COLLEGE OF CHARLESTON 50,930,882 21,032,395
20. FRANCIS MARION COLLEGE 24,409,005 12,249,146
21. LANDER COLLEGE 17,242,988 8,150,843
22. S.C. STATE COLLEGE 43,087,083 19,039,876
23A. UNIVERSITY OF S.C . 321,862,047 122,256,694
23B. USC - MEDICAL SCHOOL 28,994,505 19,015,139
23C. USC - AIKEN CAMPUS 19,479,657 7,493,473
23D. USC - COASTAL 26,931,432 10,309,920
23E. USC - SPARTANBURG 21,021,162 9,287,332
23F. USC - BEAUFORT 3,656,545 1,770,929
23G. USC - LANCASTER 4,841,543 2,408,641
23H. USC - SALKEHATCHIE 3,282,786 1,695,635
23I. USC - SUMTER 6,755,001 3,302,769
23J. USC - UNION 1,819,902 898,486
24. WINTHROP COLLEGE 48,017,897 19,484,307
25A. MEDICAL UNIV. OF S.C. 236,278,217 80,928,217
25B. S.C. HOSPITAL 279,484,886 18,984,886
25C. S.C. CONSORTIUM OF
COMM. TEACH. HOSPITAL 17,254,667 15,094,667
26. ADV. COUN. VOC & TECH 273,915 82,615
27. ST. BD. FOR TECHNICAL
& COMP. EDUC. 213,197,858 116,468,014
28. STATE EDUCATION
DEPARTMENT 1,736,933,427 1,178,097,444
29. ETV COMMISSION 26,665,841 18,572,935
30. WIL LOU GRAY
OPPORTUNITY SCHOOL 3,626,932 2,765,268
31. VOCATIONAL REHAB. 67,161,754 15,226,939
32. DEAF AND BLIND 14,346,959 10,531,973
33. ARCHIVES AND HISTORY 5,440,427 4,261,626
34. CONFEDERATE RELIC ROOM 204,632 204,632
35. S.C. STATE LIBRARY 8,341,669 6,140,972
36. S.C. ARTS COMMISSION 5,069,510 3,669,703
37. STATE MUSEUM COMM. 6,184,707 5,390,162
TOTAL EDUCATIONAL
DIVISION 3,553,906,559 1,848,220,788
HEALTH DIVISION:
38A. STATE HEALTH &
HUMAN SERVICES 1,649,676,243 192,239,935
38B. CONT. OF CARE -
EMOTIONALLY DISAB. 10,142,040 2,378,179
39. DHEC 279,221,365 99,241,270
40. DEPT. OF MENTAL HEALTH 254,536,287 180,877,501
41. DEPT. OF MENTAL RET. 212,751,545 88,348,311
42. ALCOHOL & DRUG ABUSE 25,715,841 10,116,708
TOTAL HEALTH DIVISION 2,432,043,321 573,201,904
SOCIAL REHABILITATION
SERVICES DIVISION:
43. SOCIAL SERVICES 551,174,663 111,044,526
44. JOHN DE LA HOWE SCHOOL 3,904,509 3,387,639
45. FOSTER CARE REVIEW BD. 1,215,267 1,132,477
46. COMM. FOR THE BLIND 7,176,405 3,361,432
47. COMM. ON AGING 16,513,362 2,514,781
48. HOUSING FIN. & DEV. 16,690,885 483,313
49. HUMAN AFFAIRS COMM. 2,198,679 1,825,679
50. VETERANS AFFAIRS 1,278,165 1,278,165
51. COMM. ON WOMEN 87,367 78,884
TOTAL SOCIAL REHAB. 600,239,302 125,106,896
CORRECTIONAL DIVISION:
52. DEPT. OF CORRECTIONS 254,515,015 205,154,267
53. PROBATION, PAROLE
AND PARDON 25,550,281 14,650,893
54. DEPT. OF YOUTH SERV. 39,288,044 34,705,911
55. LAW ENFORCEMENT
TRAINING COUNCIL 7,145,859
56. OFFICERS HALL OF FAME 175,231 ___________
TOTAL CORRECTIONAL DIV. 326,674,430 254,511,071
CONSERVATION, NATURAL
RESOURCES & DEVELOP DIV:
57. WATER RESOURCES 8,438,541 4,266,160
58. LAND RESOURCES CONSERV. 3,338,058 3,258,858
59. STATE FORESTRY COMM. 23,166,787 16,778,249
60. DEPT. OF AGRICULTURE 10,696,791 6,412,655
61. CLEMSON UNIVERSITY-PSA 60,550,445 43,783,928
62. MIGRATORY WATERFOWL 240,659 30,659
63. WILDLIFE & MARINE RES. 42,097,049 19,621,259
64. COASTAL COUNCIL 4,164,271 1,559,271
65. SEA GRANT CONSORTIUM 2,167,217 512,467
66. PARKS, REC. & TOURISM 38,019,183 15,510,283
67. STATE DEVELOPMENT BD. 8,801,683 8,498,683
68. ECON. DEVELOPMENT BD. 213,000
69. JOBS-ECONOMIC
DEVELOPMENT AUTH. 9,587,692 676,904
70. PATRIOTS POINT 3,220,338
71. SAVANNAH VALLEY 1,583,613 1,583,613
71A. COLUMBIAN
QUINCENTENNIAL COMM. 350
72. OLD EXCHANGE
BUILDING COMM. 124,252 124,252
TOTAL CONSERVATION,
NATURAL RES.& DEV. 216,409,929 122,617,241
REGULATORY DIVISION:
73. PUBLIC SERVICE COMM. 7,255,472 7,255,472
74. WORKERS' COMP. COMM. 4,282,417 3,772,601
75. STATE WORKERS'
COMPENSATION FUND 4,390,007 622,959
76. PATIENTS' COMP. FUND 221,126
77. SECOND INJURY FUND 1,047,259
78. DEPT. OF INSURANCE 5,366,632 5,288,632
79A. FIN INST BD-ADMIN DIV. 25,388 25,388
79B. FIN INST BD-BANK EXAM. 1,120,494 1,120,494
79C. FIN INST BD-CONS.FIN. 462,090 462,090
80. DEPT OF CONSUMER AFF. 2,273,543 2,242,243
81. DEPT OF LABOR 6,132,226 4,182,233
82. STATE TAX COMMISSION 36,568,083 35,338,083
83. ALCOHOLIC BEVERAGE
CONTROL COMM. 4,268,131 4,143,131
84. STATE ETHICS COMM. 271,763 271,763
85. EMPLOYMENT SECURITY 92,864,839 200,564
86. BOARD OF ACCOUNTANCY 371,368 371,368
87. BD. OF ARCHITECTURAL EXAM. 289,994 289,994
88. AUCTIONEERS' COMM. 160,125 160,125
89. BD. OF BARBER EXAM. 205,500 205,500
90. STATE ATHLETIC COMM. 28,929 28,929
91. CEMETERY BOARD 23,679 23,679
92. CHIROPRACTIC EXAMINERS 73,192 73,192
93. CONTRACTORS LIC. BD. 436,189 436,189
94. BOARD OF COSMETOLOGY 516,579 516,579
95. BOARD OF DENTISTRY 307,467 307,467
96. BD. OF ENG.AND LAND SURV. 467,161 467,161
97. ENVIRONMENTAL
CERTIFICATION BD. 206,489 206,489
98. FORESTERS REGIST. 26,572 26,572
99. FUNERAL SERVICE 111,142 111,142
100. GEOLOGISTS REGIST. 56,977 56,977
101. MEDICAL EXAMINERS 844,626 844,626
102. NURSING 820,858 820,858
103A. NURSING HOME ADMIN-
RES CARE FAC 69,207 69,207
104. OCCUPATIONAL THERAPY 21,872 21,872
105. OPTICIANRY EXAMINERS 44,781 44,781
106. OPTOMETRY EXAMINERS 53,922 53,922
107. BOARD OF PHARMACY 293,273 293,273
108. PHYSICAL THERAPY EXAM. 72,936 72,936
109. PODIATRY EXAMINERS 4,843 4,843
110. PROF. COUNSELORS & THER. 66,270 66,270
111. PSYCHOLOGY EXAMINERS 53,185 53,185
112. REAL ESTATE COMMISSION 1,913,819 1,913,819
113. RESID. HOME BLDRS. COMM. 973,858 973,858
114. REGIST. SANITARIANS EXAM. 5,840 5,840
115. SOCIAL WORK EXAM. 99,518 99,518
116. SPEECH, PATHOLOGY
& AUDIOLOGY 17,856 17,856
117. VETERINARY MED. EXAM. 48,192 48,192
118. PROCUREMENT REV. PANEL 121,154 121,154
TOTAL REGULATORY DIV. 175,356,843 73,733,026
DEBT SERVICE:
119. DEBT SERVICE 119,350,067 119,350,067
TOTAL DEBT SERVICE 119,350,067 119,350,067
MISCELLANEOUS DIVISION:
122. AID TO SUBDIVISIONS 228,732,065 228,732,065
TOTAL MISC. DIVISION 228,732,065 228,732,065
TRANSPORTATION DIVISION:
123. AERONAUTICS COMMISSION 3,619,196 2,770,026
124. DHPT 673,841,292 1,169,602
TOTAL TRANSPORTATION
DIVISION 677,460,488 3,939,628
GRAND TOTAL 8,894,068,754 3,582,607,491
SOURCE OF FUNDS:
APPROPRIATED GEN. FUNDS 3,582,607,491
FEDERAL FUNDS 2,789,928,919
OTHER FUNDS 2,521,532,344
TOTAL 8,894,068,754
SECTION 128
ESTIMATE OF GENERAL, SCHOOL, HIGHWAY,
AND EDUCATION IMPROVEMENT ACT REVENUE
FISCAL YEAR 1991-92
REGULAR SOURCES:
RETAIL SALES TAX 1,228,225,247
INCOME TAX (TOTAL) 1,686,083,897
INDIVIDUAL 1,538,449,282
CORPORATION 147,634,615
TOTAL INCOME AND SALES TAX 2,914,309,144
ALL OTHER REVENUE
ADMISSIONS TAX 7,050,000
AIRCRAFT TAX 3,000,000
ALCOHOLIC LIQUOR TAX 50,625,000
BANK TAX 11,000,000
BEER & WINE TAX 78,310,000
BUSINESS LICENSE TAX 29,400,000
COIN-OPERATED DEVICE TAX 30,000,000
COMMERCIAL NUCLEAR WASTE TAX 6,000,000
CONTRACTORS LICENSE TAX 1,700,000
CORPORATION LICENSE TAX 40,500,000
DEPARTMENT OF AGRICULTURE 6,459,350
DEPARTMENTAL REVENUE 62,820,041
DOCUMENTARY TAX 11,600,000
EARNED ON INVESTMENTS 55,156,384
ELECTRIC POWER TAX 17,700,000
ESTATE TAX 23,000,000
FERTILIZER INSPECTION TAX 200,000
GASOLINE TAX - COUNTIES 18,800,000
GIFT TAX 5,500,000
INSURANCE TAX 80,090,000
MOTOR TRANSPORT FEES 6,742,000
PRIVATE CAR LINES TAX 1,350,000
PUBLIC SERVICE ASSESSMENT 3,870,960
PUBLIC SERVICE AUTHORITY 6,171,000
RADIOACTIVE WASTE SURCHARGE 12,600,000
RETAILERS LICENSE TAX 1,145,000
SAVINGS & LOAN ASSOCIATION TAX 1,075,000
SOFT DRINKS TAX 23,300,000
WORKERS' COMPENSATION INSURANCE TAX 12,192,000
TOTAL ALL OTHER REVENUE 607,356,735
TOTAL REGULAR SOURCES 3,521,665,879
MISCELLANEOUS SOURCES:
CIRCUIT & FAMILY COURT FINES 5,255,000
DEBT SERVICE REIMBURSEMENT 9,421,079
HOUSING AUTHORITY REIMBURSEMENT 479,312
INDIRECT COST RECOVERIES 20,565,711
MENTAL HEALTH FEES 3,800,000
NON RECURRING 17,340,000
PAROLE & PROBATION SUPERVISION FEES 4,250,000
UNCLAIMED PROPERTY FUND TRANSFER 5,148,241
WASTE TREATMENT LOAN REPAYMENT 350,000
TOTAL MISC. SOURCES 66,609,343
TOTAL REG. AND MISC. REVENUE 3,588,275,222
RESERVE FUND TRANSFERS (4,728,779)
TOTAL GENERAL FUND REVENUE 3,583,546,443
TOTAL HIGHWAY REVENUE 461,187,000
TOTAL EIA 309,240,950
TOTAL ALL SOURCES OF REVENUES 4,353,974,393
129.1. The expenditure of money appropriated in this
Act shall be by warrant requisitions directed to the Comptroller
General. Upon receipt of the requisition, accompanied by invoices
or other satisfactory evidence of the propriety of the payment,
and itemized according to standard budget classifications, the
Comptroller General shall issue his warrant on the State Treasurer
to the payee designated in the requisition. No requisitions for
warrants shall be processed for any amounts less than one dollar.
Upon approval and designation by the State Budget and Control
Board, state institutions may requisition funds in favor of their
own treasurer, itemized only to the extent of the purpose of the
appropriation as expressed in this Act, and may deposit such funds
in the name of the institution, in such bank or banking
institutions as shall be designated by the State Treasurer, and
disburse same by check to meet the purposes of the appropriation,
but strict account shall be kept of all such expenditures
according to standard budget classifications. All money shall be
drawn only when actually owing and due. The Comptroller General
shall establish rules and regulations for the uniform
reimbursement, remittance and transfers of funds to the General
Fund of the State required by law.
129.2. During the current fiscal year, student fees at
the State institutions of higher learning shall be fixed by the
respective Boards of Trustees as follows:
(1) Fees applicable to student housing, dining halls, student
health service, parking facility, laundries and all other personal
subsistence expenses shall be sufficient to fully cover the total
direct operating and capital expenses of providing such facilities
and services over their expected useful life except those
operating or capital expenses related to the removal of asbestos.
(2) Student Activity Fees may be fixed at such rates as the
respective Boards shall deem reasonable and necessary.
129.3. The University of South Carolina, Clemson
University, the Medical University of S. C. (including the Medical
University Hospital), The Citadel, Winthrop College, S. C. State
College, Francis Marion College, College of Charleston,
Lander College and the Wil Lou Gray Opportunity School shall remit
all revenues and income, collected at the respective institutions,
to the State Treasurer according to the terms of Section 1 of this
Act, but all such revenues or income so collected, except fees
received as regular term tuition, matriculation, and registration,
shall be carried in a special continuing account by the State
Treasurer, to the credit of the respective institutions, and may
be requisitioned by said institutions, in the manner prescribed in
Section 129.1 of this Act, and expended to fulfill the purpose for
which such fees or income were levied, but no part of such income
shall be used for permanent improvements without the express
written approval of the State Budget and Control Board and the
Joint Legislative Capital Bond Review Committee; and it is further
required that no such fee or income shall be charged in excess of
the amount that is necessary to supply the service, or fulfill the
purpose for which such fee or income was charged. Notwithstanding
other provisions of this Act, funds at State Institutions of
Higher Learning derived wholly from athletic or other student
contests, from the activities of student organizations, and from
the operations of canteens and bookstores, and from approved
Private Practice plans may be retained at the institution and
expended by the respective institutions only in accord with
policies established by the institution's Board of Trustees. Such
funds shall be audited annually by the State but the provisions of
this Act concerning unclassified personnel compensation, travel,
equipment purchases and other purchasing regulations shall not
apply to the use of these funds.
129.4. The institutions of higher education may offer
educational fee waivers to no more than two percent of the
undergraduate student body.
129.5. Notwithstanding any other provisions of this
Act, funds at Technical Education Colleges derived wholly from the
activities of student organizations and from the operations of
canteens and bookstores may be retained by the college and
expended only in accord with policies established by the
respective college's Area Commission and approved by the State
Board for Technical and Comprehensive Education.
129.6. As far as practicable all departments,
institutions, and agencies of the State are hereby directed to
budget and allocate the appropriations herein made to them as
quarterly allocations so as to provide for operation on uniform
standards throughout the fiscal year and in order to avoid a
deficiency in such appropriations. It should be recognized that
academic year calendars of state institutions will affect the
uniformity of the receipt and distribution of funds during the
years. The Budget and Control Board is authorized to require any
agency, institutions or department to file a quarterly allocations
plan and is further authorized to restrict the rate of
expenditures of the agency, institution or department if the Board
determines that a deficit may occur. The bonds of State officials
violating the terms of this section shall be held liable therefor,
unless the Budget and Control Board has been advised of, and
officially recognizes the necessity for such deficit.
129.7. All Federal Funds received shall be deposited in
the State Treasury, if not in conflict with Federal regulations,
and withdrawn therefrom as needed, in the same manner as that
provided for the disbursement of state funds. If it shall be
determined that federal funds are not available for, or cannot be
appropriately used in connection with, all or any part of any
activity or program for which state funds are specifically
appropriated in this Act to match Federal funds, the appropriated
funds may not be expended and shall be returned to the General
Fund, except upon specific written approval of the Budget and
Control Board after review by the Joint Appropriations Review
Committee. Donations or contributions from sources other than the
Federal Government, for use by any state agency, shall be
deposited in the State Treasury, but in special accounts, and
shall be withdrawn from the treasury as needed to fulfill the
purposes and conditions of the said donations, or contributions,
if specified, and, if not specified, as may be directed by the
proper authorities of the department. The expenditure of funds by
agencies of the State Government from sources other than General
Fund appropriations shall be subject to the same limitations and
provisions of law applicable to the expenditure of appropriated
funds with respect
to salaries, wages or other compensation, travel expense, and
other allowance or benefits for employees.
129.8. Except as otherwise provided in this Act, all
appropriations for compensation of State Employees shall be paid
in twice-monthly installments to the person holding such position.
In order to provide a regular and permanent schedule for payment
of employees, it is hereby established that the payroll period
shall begin on June 2, 1991, with the first pay period ending on
June 16, 1991. The payroll period shall continue thereafter on a
twice-monthly schedule as established by the Budget and Control
Board. It is the intent of the General Assembly that this
schedule, thus established, will continue from one fiscal year to
another without interruption, on a twice monthly basis. The Budget
and Control Board is authorized to approve any changes to this
schedule where circumstances are deemed justifiable.
The appropriated salaries for specified positions shall mean
the maximum compensation for such position, except as specifically
provided in other provisions of this Act, and in any case where
the head of any department can secure the services for a
particular position or work at a lower rate than the salary
specified in this Act, authority for so doing is hereby given.
No employee of any state department or institution shall be
paid any compensation from any other department of the state
government except those approved under the provisions of
Regulation 19-702.09 of the 1976 Code, as amended, and no employee
of any department or institution shall be paid travel expenses by
any other department or institution without approval of the agency
by which he is regularly employed. The Comptroller General shall
report, after June thirtieth of each year, to the House Ways and
Means Committee and the Senate Finance Committee the names of all
employees receiving dual compensation and the amounts received.
The provisions of Regulation 19-707.02 and Section 8-5-10 of
the 1976 Code, as amended, shall not apply to employees hired for
120 days or less.
129.9. That salaries paid to officers and employees of
the State, including its several boards, commissions, and
institutions shall be in full for all services rendered, and no
perquisites of office or of employment shall be allowed in
addition thereto, but such perquisites, commodities, services or
other benefits shall be charged for at the prevailing local value
and without the purpose or effect of increasing the compensation
of said officer or employee. The charge for these items may be
payroll deducted at the discretion of the Comptroller General or
the chief financial officer at each agency maintaining its own
payroll system. This shall not apply to the Governor's Mansion,
nor for department-owned housing used for recruitment and training
of Mental Health Professionals, nor to guards at any of the
State's penal institutions and nurses and attendants at the
Department of Mental Health, and the Department of Mental
Retardation, and registered nurses providing clinical care at the
MUSC Medical Center, nor to the Superintendent and staff of John
de la Howe School, nor to the cottage parents and staff of Wil Lou
Gray Opportunity School, nor to full-time or part-time staff who
work after regular working hours in the SLED Communications Center
or Maintenance Area, nor to the Directors of John G. Richards
Campus, Willow Lane Campus, and the Reception and Evaluation
Center at the Department of Youth Services nor to the Residence
Dormitory Director and the Assistant Residence Director at the
Governor's School for Science and Mathematics. The Presidents of
those State institutions of higher learning authorized to provide
on-campus residential facilities for students may be permitted to
occupy residences on the grounds of such institutions without
charge.
Any state institution of higher learning may provide a housing
allowance to the President in lieu of a residential facility, the
amount to be approved by the Budget and Control Board.
That the following may be permitted to occupy residences owned
by the respective Departments without charge: the Commissioner of
the Department of Corrections, the State Commissioner of Mental
Health, the Farm Director, Farm Managers, and Specialists employed
at the Wateree River Correctional Institution, Walden
Correctional Institution, MacDougall Youth Correctional Center,
and Givens Youth
Correctional Center; the S. C. State Commission of Forestry fire
tower operators, forestry aides, and caretaker at central
headquarters; the S. C. Wildlife and Marine Resources Department's
Game Management Personnel, Fish Hatchery Superintendents, Lake
Superintendent, and Fort Johnson Superintendent; the Department of
Parks, Recreation and Tourism field personnel in the State Parks
Division; the Agricultural Aide at the Department of Youth
Services Farm; Director of Wil Lou Gray Opportunity School;
President of the School for the Deaf and Blind; house parents for
the Commission for the Blind; Director of the Physical Plant at
Winthrop College and Farm Superintendent at Winthrop College; S.C.
Department of Health and Environmental Control personnel at the
State Park Health Facility and Camp Burnt Gin; Assistant Director
of Residence Life and a student counselor at Lander College;
Clemson University's Head Football Coach; the Department of Mental
Retardation physicians and other professionals at Whitten Center,
Clemson University Off-Campus Agricultural Staff and Housing Area
Coordinators; and University of South Carolina's Manager of Bell
Camp Facility, Housing Maintenance Night Supervisors, Residence
Life Directors, temporary and transition employees, and emergency
medical personnel. Except in the case of elected officials, the
fair market rental value of any residence furnished to a State
Employee shall be reported by the State Agency furnishing the
residence to the State Auditor and the Joint Legislative Committee
on Personal Service Financing and Budgeting by October 1 of each
fiscal year.
All salaries paid by departments and institutions shall be in
accord with a uniform classification and compensation plan,
approved by the Budget and Control Board, applicable to all
personnel of the State Government whose compensation is not
specifically fixed in this Act. Such plan shall include all
employees regardless of the source of funds from which payment for
personal service is drawn. Academic personnel of the institutions
of higher learning and other individual or group of positions that
cannot practically be covered by the plan may be excluded
therefrom but their compensations shall, nevertheless, be subject
to approval by the Budget and Control Board. Salary appropriations
for employees fixed in this Act shall be in full for all services
rendered, and no supplements from other sources shall be permitted
or approved by the State Budget and Control Board. With the
exception of travel and subsistence, legislative study committees
shall not compensate any person who is otherwise employed as a
full-time state employee. Salaries of the heads of all agencies of
the State Government shall be specifically fixed in this Act and
no salary shall be paid any agency head whose salary is not so
fixed. The source of compensation for any position in the State
Government shall not be changed without approval of the Budget and
Control Board. Commuter mileage on non-exempt state vehicles shall
be considered as income and reported by the Comptroller General in
accordance with IRS regulations. State agencies and institutions
shall be allowed to spend public funds on employee plaques,
certificates, and other similar recognition events, up to the
limit of $50 for each individual, provided that no such award is
monetary, and that total expenditures of public funds for such
awards by each state agency or institution do not exceed $1,000.
129.10. Each organization receiving a contribution in
this Act shall render to the state agency making the contribution
by November 1 of the fiscal year in which funds are received, an
accounting of how the State funds will be spent, a copy of the
adopted budget for the current year, and also a copy of the
organization's most recent operating financial statement. The
funds appropriated in this Act for contributions shall not be
expended until the required financial statements are filed with
the appropriate state agency. No funds in this Act shall be
disbursed to organizations or purposes which practice
discrimination against persons by virtue of race, creed, color or
national origin. The State Auditor shall review and audit, if
necessary, the financial structure and activities of each
organization receiving contributions in this Act and make a report
to the General Assembly of such review and/or audit, when
requested to do so by the Budget and Control Board.
129.11. Travel and subsistence expenses, whether paid
from State appropriated, Federal, local or other funds, shall be
allowed in accordance with the following provisions:
A. Unless otherwise provided in paragraphs B through H of this
section, all employees of the State of South Carolina or any
agency thereof including employees and members of the governing
bodies of each technical education center while traveling on the
business of the State shall, upon presentation of a paid receipt,
be allowed reimbursement for actual expenses incurred for lodging.
Agencies may contract with lodging facilities to pay on behalf of
an employee. Failure to maintain proper control of direct payments
for lodging may result in the revocation of the agency's authority
by the Comptroller General or the State Auditor. The employee
shall also be reimbursed for the actual expenses incurred in the
obtaining of meals except that such costs shall not exceed ($20)
per day within the State of South Carolina. For travel outside of
South Carolina the maximum daily reimbursement for meals shall not
exceed ($32). Agencies may contract with food or dining facilities
to pay for meals on behalf of employees in accordance with rules
and regulations established by the Budget and Control Board. It
shall be the responsibility of the agency head to monitor the
charges for lodging which might be claimed by his employees in
order to determine that such charges are reasonable, taking into
consideration location, purpose of travel or other extenuating
circumstances. The provisions of this item shall not apply to
Section 42-3-40 of the 1976 Code.
B. That employees of the State, when traveling outside the
United States, Canada, and Puerto Rico upon promotional business
for the State of South Carolina shall be entitled to actual
expenses for both food and lodging.
C. The Governor, Lieutenant Governor, Secretary of State,
Comptroller General, Attorney General, State Treasurer, Adjutant
General, Superintendent of Education and the Commissioner of
Agriculture shall be reimbursed actual expenses for subsistence.
D. Non-legislative members of committees appointed pursuant to
Acts and Resolutions of the General Assembly whose membership
consists solely of members of the General Assembly or members of
the General Assembly and other personnel who are not employees of
the State of South Carolina shall be allowed subsistence expenses
of $35 per day while traveling on official business. Members of
such committees may opt to receive actual expenses incurred for
lodging and actual expenses incurred in the obtaining of meals in
lieu of the allowable subsistence expense.
E. Members of the State Boards, Commissions, or Committees
whose duties are not fulltime and who are paid on a per diem
basis, shall be allowed reimbursement for actual expenses incurred
at the rates provided in Paragraph A and I of this Section while
away from their places of residence on official business of the
State. One person accompanying a handicapped member of a State
Board, Commission, or Committee on official business of the State
shall be allowed the same reimbursement for actual expenses
incurred at the rates provided in Paragraph A through I of this
Section.
F. No subsistence reimbursement shall be allowed to a Justice
of the Supreme Court or Judge of the Court of Appeals while
traveling in the county of his official residence. When traveling
on official business of said court within 40 miles outside the
county of his official residence, a Supreme Court Justice and a
Judge of the Court of Appeals shall be allowed subsistence
expenses in the amount of $35 per day plus such mileage allowance
for travel as is provided for other employees of the State. When
traveling on official business of said Court 40 or more miles
outside the county of his official residence, each Justice and
Judge of the Court of Appeals shall be allowed subsistence
expenses in the amount as provided in this Act for members of the
General Assembly plus such mileage allowance for travel as is
provided for other employees of the State. The Chief Justice, or
such other person as he designates, while attending the Conference
of Chief Justices and one member of the Supreme Court while
attending the National Convention of Appellate Court Judges, and
three Circuit Judges while attending the National Convention of
State Trial Judges shall be allowed actual subsistence and travel
expenses.
Upon approval of the Chief Justice, Supreme Court Justices,
Judges of the Court of Appeals, Circuit Judges, and Family Court
Judges shall be reimbursed for actual expenses incurred for all
other official business requiring out-of-state expenses at the
rate provided in paragraph A of this section.
G. No subsistence reimbursements are allowed to a Circuit
Judge or a Family Court Judge while holding court within the
county in which he resides. While holding court or on other
official business outside the county, but within the circuit in
which he resides and within fifty miles of his residence, a
Circuit Court Judge or Family Court Judge is entitled to a
subsistence allowance in the amount of $35 per day. While holding
court or on other official business within his circuit at a
location fifty miles or more from his residence or without his
circuit, a Circuit Court or Family Court Judge is entitled to a
subsistence allowance in the amount as provided in this Act for
members of the General Assembly.
H. Any retired Justice, Circuit Court Judge or Family Court
Judge appointed by the Supreme Court to serve as a Special Circuit
Judge, Family Court Judge, Appeals Court Judge, or Acting
Associate Justice shall serve without pay but shall receive the
same allowance for subsistence, expenses, and mileage as provided
in Part I for Circuit Court Judges.
I. No expense shall be allowed an employee either at his
place of residence or at the official headquarters of the agency
by which he is employed except as provided in paragraph E of this
section. When an employee is assigned to work a particular
territory or district, and such territory or district and his
official headquarters are in different localities or sections of
the State, expenses may be allowed for the necessary travel to his
official headquarters. The members of the Workers' Compensation
Commission, Public Service Commission and the Employment Security
Commission may be reimbursed at the regular mileage rate of one
round trip each week from their respective homes to Columbia. No
subsistence reimbursement shall be allowed to a member of the
Workers' Compensation Commission, Public Service Commission or the
Employment Security Commission while traveling in the county of
his official residence. When traveling on official business of the
Commission within 50 miles outside the county of his official
residence, a member of the Workers' Compensation Commission,
Public Service Commission or the Employment Security Commission
shall be allowed subsistence expenses in the amount of $35 per
day. When traveling on official business of the Commission 50 or
more miles outside the county of his official residence, each
member shall be allowed a subsistence expense in the amount of $50
per day.
J. When an employee of the State shall use his or her personal
automobile in traveling on necessary official business, a charge
of 25.5 cents per mile will be allowed for the use of such
automobile and the employee shall bear the expense of supplies and
upkeep thereof. Whenever State-provided motor pool vehicles are
reasonably available and an employee of the State shall request
for his own benefit to use his or her personal vehicle in
traveling on necessary official business, a charge of 24.5 cents
per mile will be allocated for the use of such vehicle and the
employee shall bear the expense of supplies and upkeep thereof.
When such travel is by a State-owned automobile, the State shall
bear the expense of supplies and upkeep thereof but no mileage
will be allowed. Agencies and employees are directed to use State
fueling facilities to the maximum extent possible, when such use
is cost-beneficial to the State. When using commercial fueling
facilities, operators of State-owned vehicles are directed to use
self-service pumps. In traveling on the business of the State,
employees are required to use the most economical mode of
transportation, due consideration being given to urgency,
schedules and like factors.
Mileage between an employee's home and his/her place of
employment is not subject to reimbursement. However, when an
employee leaves on a business trip directly from his/her home, and
does not go by the employee's headquarters, the employee shall be
eligible for reimbursement for actual mileage beginning at his/her
residence.
K. That a State agency may advance travel and subsistence
expense monies to employees of that agency for the financing of
ordinary and necessary travel required in the conducting of the
business of the agency. The Budget and Control Board is directed
to develop and publish rules and regulations pertaining to the
advancing of travel expenses and no State agency shall make such
advances except under the rules and regulations as published. All
advances for travel and subsistence monies shall be repaid to the
agency within thirty (30) days after the end of the trip or by the
end of the fiscal year, whichever comes first.
L. That the State institutions of higher learning are
authorized to reimburse reasonable relocation expenses for new
employees when such reimbursements are considered by the agency
head to be essential to successful recruitment of professionally
competent staff members.
M. The State Budget and Control Board is authorized to
promulgate and publish rules and regulations governing travel and
subsistence payments.
129.12. The per diem allowance of all boards,
commissions and committees shall be at the rate of Thirty-five
($35) Dollars per day. No full-time officer or employee of the
State shall draw any per diem allowance for service on such
boards, commissions or committees.
129.13. In addition to the powers and duties devolved
upon the Budget and Control Board by the 1976 Code of Laws of this
State, the said Board is hereby given full power and authority to
make surveys, studies, and examinations of departments,
institutions, and agencies of this State, as well as its programs,
so as to determine whether a proper system of accounting is
maintained in such departments, institutions, commissions, and
agencies, and to require and enforce the adoption of such policies
as are deemed necessary to accomplish these purposes; and to
survey, appraise, examine and inspect, and determine the true
conditions of all property of the State, and what may be necessary
to protect it against fire hazard or deterioration, and to
conserve its use for State purposes, and to make and issue and to
enforce all necessary, needful, and convenient rules and
regulations for the enforcement of this provision and to approve
the destruction or disposal of records of no value to the State.
The State Budget and Control Board may require that all plans and
specifications for permanent improvements of any nature by any
State department or institution shall be submitted to the said
Board for approval prior to the awarding of any contract therefor,
or prior to construction by any other means. The State Budget and
Control Board shall have the authority to approve blanket bonds
for each of the several departments, agencies and institutions of
the state government, which bonds shall include coverage
requirements by law for particular officials and employees and any
others who, in the opinion of the Board, should be bonded. Such
blanket bonds shall be subject to approval as to form and
execution by the Attorney General.
The Division of General Services may contract to develop an
energy utilization management system for state facilities under
its control and to assist other agencies and departments in
establishing similar programs following all applicable laws and
regulations, but no capital expenditures are authorized hereby.
129.14. Notwithstanding any other provision of law, the
State Treasurer may enter into contracts whereby the agency or
institution may accept credit cards as payment for goods or
services provided.
129.15. Any appropriations made herein or by special
act now or hereafter, are hereby declared to be maximum,
conditional and proportionate, the purpose being to make them
payable in full in the amount named herein, if necessary, but only
in the event the aggregate revenues available during the period
for which the appropriation is made are sufficient to pay them in
full. The State Budget and Control Board shall have full power and
authority to survey the progress of the collection of revenue and
the expenditure of funds by all departments and institutions. If
the Budget and Control Board determines that a deficit may occur,
it shall utilize such funds as may be available to avoid a year
end deficit and thereafter take such action as necessary to
restrict the rate of expenditure as provided in Section 129.6 of
this Act. No institution, activity, program, item, special
appropriation, or allocation for which the General Assembly has
provided funding in any part of this Act shall be discontinued,
deleted, or deferred by the Budget and Control Board. Any
reduction of rate of expenditure by the said Board, under
authority of this Act, shall be applied as uniformly as may be
practicable except that no reduction shall be applied to funds
encumbered by a written contract with an agency not connected with
the State Government. No such reduction shall be ordered by the
State Budget and Control Board while the General Assembly is in
session without first reporting such necessity to the General
Assembly.
The expenditure of funds, heretofore or hereafter provided, by
any State Agency, except the Department of Highways and Public
Transportation for permanent improvements as defined in the State
Budget, shall be subject to approval and regulations of the State
Budget and Control Board. The Board shall have authority to allot
to specific projects from funds made available for such purposes,
such amounts as are estimated to cover the respective costs of
such projects, to declare the completion of any such projects, and
to dispose, according to law, of any unexpended balances of
allotments, or appropriations, or funds otherwise provided for
such projects, upon the completion thereof. The approval of the
Budget and Control Board shall not be required for minor
construction projects (including renovations and alterations)
where the cost does not exceed an amount determined by the Joint
Bond Review Committee and the Budget and Control Board.
In all construction, improvement and renovation of State
buildings, the applicable standards and specifications set forth
in each of the following codes shall be followed: The Standard
Building Code - 1988 Edition with 1989/1990 Revisions, excluding
paragraphs 101.4, 103 and 107 (Appendices A,G,K, and M, shall be
omitted); The Standard Existing Buildings Code - 1988 Edition
(Chapters 1,2,4,5,6,7,8 and Appendices A.1, A.2, and A.3 shall be
omitted); The Standard Gas Code - 1988 Edition with 1989/1990
Revisions (Chapter 1 and Appendices A,C, and D shall be omitted);
The Standard Mechanical Code - 1988 Edition with 1989/1990
Revisions (Chapter 1 and Appendices A and C shall be omitted); The
Standard Plumbing Code - 1988 Edition with 1989/1990 Revisions
(Chapter 1 and Appendices A,D,E, and H shall be omitted); The
Standard Fire Prevention Code - 1988 Edition with 1989/1990
Revisions (Chapter 1 and Appendix A shall be omitted), all as
adopted by the Southern Building Code Congress International,
Inc.; also the National Electrical Code - NFPA 70-1990; The
National Electrical Safety Code - ANSI-C2-1990; The National Fire
Protection Association Standard - NFPA 58-1990.
129.16. (A) Transfers of appropriations herein provided
may be made within departments upon written justification to the
State Budget Division and upon the unanimous approval of the State
Budget and Control Board.
(B) No such transfer may exceed twenty percent of the program
budget. Upon request, details of such transfers may be provided to
members of the General Assembly on an agency by agency basis.
(C) No transfers for the purpose of providing salary increases
for current employees shall be allowed from funds appropriated in
this Act for new positions.
(D) The Board shall use all transfer activity data to assist
in analyzing agencies' budget requests. A report on transfer
activity shall be made quarterly to the Ways and Means Committee
and the Senate Finance Committee.
129.17. Subsection (a). The Budget and Control Board is
hereby directed to assess and collect a rental charge from all
departments and agencies of the State Government occupying space
in State-controlled office buildings. The amount charged each
department or agency shall be calculated on a square foot, or
other equitable basis of measurement, and at such rates as will
yield sufficient total annual revenue to cover, unless the Budget
and Control Board determines otherwise, in priority order, both
(1) the annual principal and interest due on the Capital
Improvement Obligations authorized by Act No. 829 of the 1964
Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of the 1971
Acts and Act No. 1377 of the 1968 Acts as amended for projects
administered by the Division of General Services and (2)
maintenance and operation costs of State-controlled office
buildings in the City of Columbia. The amount so collected which
is applicable to the payment of principal and interest due on
obligations authorized by Act 1377 of the 1968 Acts as amended
shall be paid into the State's General Fund to apply on debt
service appropriations under the Section 119 of this Act.
Subsection (b). All departments and agencies against which
rental charges are assessed and whose operations are financed in
whole or in part by Federal and/or other nonappropriated funds are
directed to apportion the payment of such charges equitably among
all such funds, so that each shall bear its proportionate share.
All appropriations in this Act applicable to the rental of space
in State-controlled buildings (exclusive of the Department of
Highways and Public Transportation), shall be available only for
payment of that portion of rental charges applicable to
State-appropriated operations.
Subsection (c). Rental collections shall be deposited by the
Budget and Control Board in the State Treasury in a special
account and shall be expended only for (1) payment of principal
and interest due on the obligations referred to in Subsection (a)
above and (2) maintenance and operations costs of the buildings
referred to in Subsection (a) above.
129.18. Any funds derived by the State Port Authority
from the rental, lease or sale of any of its facilities shall be
expended for the benefit of the particular Port where such
facilities are located.
129.19. In any instances where Federal laws or
regulations, relating to funds allotted to State Government
agencies, include requirements relating to banking procedures, the
State Treasury shall be deemed to meet the definition of a bank.
129.20. Presidents of the University of South Carolina,
Clemson University, the Medical University of South Carolina,
The Citadel, Winthrop College, South Carolina State College,
Francis Marion College, College of Charleston, and Lander
College must not be paid a fixed allowance for personal expenses
incurred in connection with the performance of their official
duties. Reimbursements may be made to the Presidents from funds
available to their respective institutions for any personal
expenses incurred provided that all requests for reimbursement are
supported by properly documented vouchers processed through the
normal accounting procedures of the institutions.
129.21. Agency heads may receive reimbursements for
business expenses incurred while performing their official duties,
provided that receipts are presented when seeking reimbursement
and justification is submitted to document the time, place, and
purpose of the expense as well as the names of the individuals
involved. The Budget and Control Board shall promulgate
regulations governing these expenses.
129.22. It is the intent of the General Assembly that
the amount so provided to each agency or institution for employee
benefits shall be sufficient to pay the employer contribution
costs of that agency. The Budget and Control Board is directed to
devise a plan for the expenditure of the funds appropriated for
employer contributions and may require transfers of funds within
an agency or institution if it becomes evident that the employer
contribution costs will exceed the funds available for that
purpose.
129.23. The General Assembly expresses its continuing
concern over the control of the number of personnel employed by
the State of South Carolina. This concern is evidenced in the 1980
Public Employment Report of the United States Bureau of Census.
It is further declared to be the intent of the General Assembly to
continue to take positive steps to control and restrict the number
of personnel employed in the future, without unduly hampering the
legitimate functions of state government.
In order to obtain the necessary control over the number of
employees, the Budget and Control Board is hereby directed to
maintain close supervision over the number of state employees, and
to require specifically the following:
1. That no state agency exceed the total authorized number of
full-time equivalent positions funded from State, Federal, or
other sources as provided in each section of this Act except by
majority vote of the Budget and Control Board after review and
comment by the Joint Legislative Committee on Personal Service
Financing and Budgeting. Specific written confirmation of such
majority approval shall be forwarded to the Joint Appropriations
Review Committee in the event that any agency is allowed to exceed
the number of positions authorized in this Act.
2. That the State Budget Division shall maintain and make, as
necessary, periodic adjustments thereto, an official record of the
total number of authorized full-time equivalent positions by
agency categorized by State, Federal, or other funding sources and
shall provide a certified duplicate of such record to the Joint
Legislative Committee on Personal Service Financing and Budgeting
and to the Joint Appropriations Review Committee. The State Budget
Division shall submit monthly reports to the Joint Legislative
Committee on Personal Service Financing and Budgeting and the
Joint Appropriations Review Committee and such reports shall
include any changes in the authorized number of full-time
equivalent positions, the number of filled and vacant positions
and any other data requested by the committees.
(a) That within thirty (30) days of the passage of the
Appropriation Act or by August 1, whichever comes later, each
agency of the State must have established on the Budget and
Control Board records all positions authorized in the Act. After
that date, the Board shall delete any nonestablished positions
immediately from the official record of authorized full-time
equivalent positions. No positions shall be established by the
Board in excess of the number authorized in the Board record of
authorized full-time equivalent positions.
(b) By September 30, the Board shall prepare a personal
service detail, by agency, which shows each position established
for the fiscal year and the amount of funds required, by source of
funds, to support the position for the fiscal year at a funding
level of 100% and the Board shall then reconcile each agency's
personal service detail with the agency's personal service
appropriation as contained in the Act adjusted for any pay
increases, and any other factors necessary to reflect the agency's
personal service funding level. The Board shall provide a copy of
each agency's personal service reconciliation to the Joint
Legislative Committee on Personal Service Financing and Budgeting.
(c) Any position which is shown by the reconciliation to be
unfunded or significantly underfunded may be deleted at the
direction of the Budget and Control Board and the Joint
Legislative Committee on Personal Service Financing and Budgeting.
(d) Full-time equivalent (FTE) positions shall be determined
under the following guidelines:
1. The annual work hours for each FTE shall be the
agency's full-time standard annual work hours.
2. The State FTE shall be derived by multiplying the state
percentage of budgeted funds for each position by the FTE for that
position.
3. All institutions of higher education shall use a value
of 0.75 FTE for each position determined to be full-time faculty
with a duration of nine (9) months.
The FTE method of accounting shall be utilized for all
authorized positions.
3. That the number of positions authorized in this Act shall
be reduced in the following circumstances:
(a) Upon request by an agency.
(b) When anticipated federal funds are not made available.
(c) When the Budget and Control Board, through study or
analysis, becomes aware of any unjustifiable excess of positions
in any state agency.
(d) When a position has been vacant for nine months. Except
in the case of an academic position at an institution of higher
education when such position has been vacant for eighteen months.
4. That no new permanent positions in state government shall
be funded by appropriations in acts supplemental to this Act but
temporary positions may be so funded.
5. The provisions of this section shall not apply to personnel
exempt from the State Classification and Compensation Plan under
Item I of Section 8-11-260 of the 1976 Code.
The Budget and Control Board, in making their appropriation
recommendations to the Ways and Means Committee, must provide that
the level of personal service appropriation recommended for each
agency is at least 95% of the funds required to meet 100% of the
funds needed for the full-time equivalents positions recommended
by the Board (exclusive of new positions).
129.24. The Legislative Audit Council, the State
Auditor, the House Ways and Means Committee, the State
Reorganization Commission and the Senate Finance Committee shall
be furnished a copy of each audit report issued by a Federal Audit
Agency within fifteen days from the date of receipt by the State
Agency. The State Auditor shall periodically furnish a list of
such reports to each member of the General Assembly and to the
Joint Appropriations Review Committee. The State Auditor will
provide a copy of each Federal Block Grant Audit Report to the
Joint Appropriations Review Committee to comply with provisions of
the Omnibus Budget Reconciliation Act of 1981.
129.25. Notwithstanding any other provision of law, the
Budget and Control Board shall be responsible for coordinating the
placement of all state employees who are terminated because of a
reduction-in-force resulting from reduced personal service funding
and shall issue such administrative procedures as necessary to
carry out the intent of this proviso. When a vacancy occurs in a
state agency, or when an agency acts to fill a new position as
listed and italicized in the Appropriation Act, the agency shall
implement the recall provisions of their reduction-in-force
procedure and plan concerning its employees who have been
terminated as a result of a reduction-in-force. State agencies
shall give priority consideration to those employees who have been
terminated from any other state agency as a result of this
reduction-in-force and who were formerly employed in the same
classification, classification series, or position category as the
vacancy or the new position listed in this Act. Notwithstanding
any other provision of law, when a vacancy occurs in a state
agency, other than institutions of higher education, or when an
agency acts to fill a new position, the agency shall give
preference to residents of this State, if the two are equally
qualified for the vacancy or new position.
129.26. It is the responsibility of all agencies,
departments and institutions of state government, to provide at no
cost and as a part of the regular services of the agency,
department or institutions such services as are necessary to carry
out the provisions of Chapter 52 of Title 44 (Involuntary
Commitment), Article 7, Chapter 17 of Title 44 of the 1976 Code
(Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code
(Defense of Indigents), and Article 1 of Chapter 3 of Title 16 of
the 1976 Code (Death Penalty), as amended, upon request of the
Judicial Department and/or the appropriate court. To this end,
state agencies are directed to furnish to the Judicial Department
a list of their employees who are competent to serve as court
examiners. The Judicial Department shall forward a copy of this
list to the appropriate courts, and the courts shall utilize the
services of such state employees whenever feasible. State
employees shall receive no additional compensation for
performing such services. For the purpose of interpreting this
section, employees of the Medical University of South Carolina and
individuals serving an internship or residency as an academic
requirement or employees who are not full-time state employees and
who are not performing duties as state employees are not
considered state employees.
129.27. Notwithstanding any other provision of law, any
aircraft and watercraft confiscated or seized under the provisions
of Act 185 of 1979 may be used by a governmental agency, at the
discretion and approval of the Budget and Control Board.
129.28. All state employees, who are commissioned law
enforcement officers upon retirement, if vested, may purchase
their assigned weapon at a nominal fee.
129.29. No aircraft will be purchased or leased or
leased-purchased for more than a 30-day period for any state
agency without the authorization of the State Budget and Control
Board and the Joint Bond Review Committee.
129.30. Final settlement received on Federal funds
allotted to the State and the investment earnings thereof, under
the provisions of the State and Local Fiscal Assistance Act of
1972 not heretofore appropriated, shall be applied to the payment
of appropriations in this Act for the State contribution to the
South Carolina Retirement System.
129.31. The Department of Mental Retardation,
Department of Social Services, and Department of Youth Services
shall furnish as Family Foster Care payments for individual foster
children under their sponsorship:
ages 0 - 5 $182 per month
ages 6 - 12 $209 per month
ages 13 + $275 per month
These specified amounts are for the basic needs of the foster
children. Basic needs within this proviso are identified as food
(at home and away), clothing, housing, transportation, education
and other costs as defined in the U.S. Department of Agriculture
study of "Annual Cost of raising a Child to Age Eighteen".
Further, each agency shall identify and justify, as another line
item, all material and/or services, in excess of those basic needs
listed above, which were a direct result of a professional agency
evaluation of clientele need. Legitimate medical care in excess
of Medicaid reimbursement or such care not recognized by Medicaid
may be considered as special needs if approved by the
sponsoring/responsible agency and shall be reimbursed by the
sponsoring agency in the same manner of reimbursing other special
needs of foster children.
129.32. After July 1, of the current fiscal year, the
Department of Health and Environmental Control, Department of
Mental Health, Department of Mental Retardation, Department of
Social Services, State Health and Human Services Finance
Commission, Commission on Aging, Advisory Board for Review of
Foster Care of Children, Department of Corrections, and Department
of Youth Services may expend if necessary, state appropriated
funds for the current fiscal year to cover fourth quarter Federal
Programs expenses incurred in the prior fiscal year necessitated
by the time lag of federal reimbursement.
129.33. Amounts appropriated to the Department of
Health and Environmental Control, Department of Social Services,
State Health and Human Services Finance Commission, and Commission
on Aging may be expended to cover program operations of prior
fiscal years where adjustment of such prior years are necessary
under federal regulations or audit exceptions. All disallowances
or notices of disallowances by any federal agency of any costs
claimed by these agencies shall be submitted to the State Auditor,
the House Ways and Means Committee and the Senate Finance
Committee, within five days of receipt of such actions.
129.34. The Department of Youth Services, Department
of Corrections, Probation, Parole and Pardon Services, Department
of Mental Health, Department of Mental Retardation and School for
the Deaf and and Blind may replace the personal property of an
employee which has been damaged or destroyed by a client while in
custody of the agency. The replacement of personal property may be
made only if the loss has resulted from actions by the employee
deemed to be appropriate and in the line of duty by the agency
head and if the damaged or destroyed item is found by the agency
head to be reasonable in value, and necessary for the employee to
carry out the functions and duties of his employment. Replacement
of damaged or destroyed items shall not exceed $250 per item, per
incident. Each agency must have guidelines to insure the
reasonableness of the replacement payments.
129.35. The Board of the Medical University of South
Carolina shall provide hospital services to state employees and
officials of state government at a rate not to exceed the payment
rates to hospitals provided in the state employees insurance
program administered by the Budget and Control Board. Private
physician fees and all dental are not included.
129.36. The Medical University of South Carolina and
the School of Medicine of the University of South Carolina shall
develop health programs for agency heads. The programs shall be
submitted to the Budget and Control Board for approval, after
which the Board may authorize the agency or institution to pay, on
behalf of the agency head, one-half of the cost, provided that the
amount to be paid by the agency shall not exceed $250. Where the
agency or institution is located in an area other than Columbia
or Charleston, the Budget and Control Board may approve an
alternate health plan for the agency head and may authorize
payment by the agency which is consistent with payments to the
Medical University or the University of South Carolina.
129.37. Each agency having in its custody one or more
aircraft shall maintain a continuing log on all flights, which
shall be open for public inspection. Any and all aircraft owned or
operated by agencies of the State Government shall be used only
for official business. The Aeronautics Commission and other
agencies owning and operating aircraft may furnish transportation
to the Governor, Constitutional Officers, members of the General
Assembly, members of state boards, commissions, and agencies and
their invitees for official business only; no member of the
General Assembly, no member of a state board, commission or
committee, and no state official shall use any aircraft of the
Aeronautics Commission unless the member or official files within
forty-eight hours after the time of departure of the flight with
the Aeronautics Commission a sworn statement certifying and
describing the official nature of his trip; and no member of the
General Assembly, no member of a state board, commission or
committee, and no state official shall be furnished air
transportation by a state agency other than the Aeronautics
Commission unless such agency prepares and maintains in its files
a sworn statement from an appropriate official of the agency
certifying that the member's or state official's trip was in
conjunction with the official business of the agency. Official
business shall not include routine transportation to and from
meetings of the General Assembly or committee meetings for which
mileage is authorized.
All logs shall be signed by the parties using the flight and
the signatures shall be maintained as part of the permanent record
of any agency. All passengers shall be listed on the flight log by
their legal name; passengers flying with an appropriate official
of SLED or the State Development Board whose confidentiality must,
in the opinion of SLED or the Board, be protected shall be listed
in writing on the flight log as "Confidential Passenger of SLED or
State Development Board (strike one)" and the appropriate official
of SLED or the Board shall certify to the agency operating the
aircraft the necessity for such confidentiality.
Violation of the above provisions of this section is prima
facie evidence of a violation of Section 8-13-410(1) of the 1976
Code and shall subject a violating member of the General Assembly
to the ethics procedure of his appropriate house and shall subject
a violating member of a state board, commission or committee, or a
state official to the applicable ethics procedure relating to them
as provided by law.
The above provisions do not apply to aircraft of the
Aeronautics Commission when used by the Medical University of
South Carolina, nor to aircraft of the athletic department or the
educational foundations of any state-supported institution of
higher education.
Aircraft owned by agencies of state government shall not be
leased to individuals for their personal use.
129.38. Professional and Occupational Licensing
Agencies referred to in Section 11-5-210, CLSC, 1976, must
generate revenue equal to 110 percent of their appropriation. In
any year during which any Professional and Occupational Licensing
Agency does not generate the required revenue as provided above,
it shall generate sufficient revenue in the succeeding year to
offset the prior deficit, in addition to meeting requirements for
the current year. Professional and Occupational Licensing Boards
may adjust fees, if necessary, to generate revenue at least ten
percent above the current year state appropriation.
129.39. All agencies are directed to assist the U. S.
Post Office in a cost study of the savings which may be realized
through the use of the zip plus four system.
129.40. Any employee who is approved for dual
employment must be paid in a timely manner. The secondary agency
is required to make payment of funds approved for and earned under
dual employment within forty-five days of the beginning of the
employment.
129.41. The Budget and Control Board, through the
Information Technology Planning Process of the Division of
Research and Statistical Services, is authorized and directed to
identify all expenditures and requested increases for information
technology for Agencies, Institutions or Departments, with the
exception of colleges and universities, compile the request into
one report, evaluate and place priorities on each request, and
recommend funding levels. No agency shall commit to expend more
funds for information technology than allocated to the agency for
the purpose without first receiving an approved transfer of such
funds from other budget items.
129.42. (A) No state agency, department, board,
committee, commission, or authority, may increase an existing fee
for performing any duty, responsibility, or function unless the
fee for performing the particular duty, responsibility, or
function is authorized by statutory law and set by regulation
except as provided in this paragraph.
(B) This paragraph does not apply to:
(1) state-supported governmental health care facilities;
(2) state-supported schools, colleges, and universities;
(3) educational, entertainment, recreational, cultural, and
training programs;
(4) the State Board of Financial Institutions;
(5) sales by state agencies of goods or tangible products
produced for or by these agencies;
(6) charges by state agencies for room and board provided on
state-owned property;
(7) application fees for recreational activities sponsored
by state agencies and conducted on a draw or lottery basis;
(8) court fees or fines levied in a judicial or adjudicatory
proceeding;
(9) the South Carolina Public Service Authority or the South
Carolina Ports Authority.
(C) This paragraph does not prohibit a state agency,
department, board, committee, or commission from increasing fees
for services provided to other state agencies, departments,
boards, committees, commissions, political subdivisions, or fees
for health care and laboratory services regardless of whether the
fee is set by statute.
(D) Statutory law for purposes of this paragraph does not
include regulations promulgated pursuant to the State
Administrative Procedures Act.
129.43. Notwithstanding any other provision of law,
agencies appropriated case services funds who routinely receive
prior year case service billings after the old fiscal year has
been officially closed are authorized to pay these case service
obligations with current funds. This authorization does not apply
to billings on hand that have been through a timely agency payment
approval process when the old fiscal year closes.
129.44. It is the policy of the State of South Carolina
to recruit, hire, train, and promote employees without
discrimination because of race, color, sex, national origin, age,
religion or physical disability. This policy is to apply to all
levels and phases of personnel within state government, including
but not limited to recruiting, hiring, compensation, benefits,
promotions, transfers, layoffs, recalls from layoffs, and
educational, social, or recreational programs. It is the policy of
the State to take affirmative action to remove the disparate
effects of past discrimination, if any, because of race, color,
sex, national origin, age, religion or physical disability.
Each state agency shall submit to the State Human Affairs
Commission employment and filled vacancy data by race and sex by
October 31 of each year.
In accordance with Section 1-13-110 of the South Carolina Code
of Laws of 1976, as amended, the Human Affairs Commission shall
submit a report on the status of State Agencies' Affirmative
Action Plans and Programs to the General Assembly by February 1 of
each year. This report shall contain the total number of persons
employed in each job group, by race and sex, at the end of the
preceding reporting period, a breakdown by race and sex of those
hired or promoted from within the agency during the reporting
period, and an indication of whether affirmative action goals were
achieved.
For each job group referenced in the Human Affairs report,
where the hiring of personnel does not reflect the percentage
goals established in the agency's affirmative action plan for the
year in question, the State agency shall submit a detailed
explanation to the Human Affairs Commission by February 15,
explaining why goals were not achieved.
The Human Affairs Commission shall review the explanations and
notify the Budget and Control Board of any agency not in
satisfactory compliance with meeting its stated goals.
The Budget and Control Board shall notify any agency not in
compliance that their request for additional appropriations for
the current appropriation cycle, may not be processed until such
time as the Budget and Control Board, after consultation with the
Human Affairs Commission, is satisfied that the agency is making a
good faith effort to comply with its affirmative action plan, and
that the compliance must be accomplished within a reasonable
length of time to be determined by the mission and circumstances
of the agency. This requirement shall not affect additional
appropriation requests for public assistance payments or aid to
entities.
This section does not apply to those agencies that have been
exempted from the reporting requirements of the Human Affairs
Commission.
129.45. The General Assembly finds that the operation
of health and human services may be enhanced by closer working
relationships among agencies at the state and local level.
The General Assembly finds that coordination at both levels
provides opportunities to serve the citizens of South Carolina
better through (1) continued expansion of services integration and
(2) stronger communication among agencies delivering services.
In order to assist in, recommend, develop policy for, and
supervise the expenditure of funds for the continuation of service
integration in South Carolina, there is created a Human Services
Coordinating Council, hereinafter, entitled the Council. The
Council shall consist of:
(1) The chairperson of the boards of the following agencies:
Commission on Aging, Commission on Alcohol and Drug Abuse,
Commission of the Blind, Children's Foster Care Review Board,
Department of Education, Department of Health and Environmental
Control, State Health and Human Services Finance Commission,
Department of Youth Services, Department of Veterans' Affairs,
John de la Howe School, Department of Mental Health, Department of
Mental Retardation, School for Deaf and Blind, Department of
Social Services, Department of Vocational Rehabilitation, Guardian
ad Litem Program, Continuum of Care for Emotionally Disturbed
Children, Educational Television, Wil Lou Gray Opportunity School,
Department of Corrections, Probation, Parole and Pardon Services
and the State Housing Finance and Development Authority.
These chairpersons shall receive the usual mileage,
subsistence, and per diem provided by law for members of
committees, boards, and commissions. Mileage, subsistence, and per
diem must be paid from the approved accounts of their respective
boards or commissions.
(2) The chief executive officer of each of the following
agencies: Commission on Aging, Commission on Alcohol and Drug
Abuse, Commission of the Blind, Children's Foster Care Review
Board, Department of Education, Department of Health and
Environmental Control, State Health and Human Services Finance
Commission, Department of Youth Services, Department of Veterans'
Affairs, John de la Howe School, Department of Mental Health,
Department of Mental Retardation, School for Deaf and Blind,
Department of Social Services, Department of Vocational
Rehabilitation, Guardian ad Litem Program, Continuum of Care for
Emotionally Disturbed Children, Educational Television, Wil Lou
Gray Opportunity School, Department of Corrections, Probation,
Parole and Pardon Services and the State Housing Finance and
Development Authority.
(3) The Governor or his designee.
(4) Other such members as the Council shall deem appropriate.
The Council shall:
(1) Select a board chairperson on an annual basis to serve as
the Council chairperson; select a chief executive officer on an
annual basis to serve as the Council vice-chairperson.
(2) Meet regularly to provide an opportunity for collaboration
and cooperation among member agencies.
The Council shall have as its goals:
(1) Identify and address priority health and human needs and
promote the availability of responsive resources.
(2) Promote cost-effective, efficient approaches for the
delivery of health and human services which include prevention,
education, reduction of dependency, promotion of self-sufficiency
and delivery of services in the least restrictive, most
appropriate community-based and institutional settings.
(3) Provide coordination between the council members and the
State Health and Human Services Finance Commission in the
development of the comprehensive State Health and Human Services
Plan.
(4) In cooperation with the State Health and Human Services
Finance Commission, coordinate and oversee efforts to integrate
services information among state agencies and between state and
local agencies.
(5) Review and monitor service integration efforts begun by
the Human Services Integration Projects, including:
(a) Developing standards for case management activities and
coordinating with local entities on service integration efforts,
and
(b) Receiving requests for funding of projects designed to
further integration of services, including review and approval of
such projects.
129.46. DELETED
129.47. Each agency of state government shall include
in their annual report to the General Assembly a listing of agency
programs in order of priority importance to the mission of the
agency. The reports shall further contain efficiency and
effectiveness measures regarding the performance of each agency
program, including measures which compare actual performance for
the fiscal year being reported to the actual performance of the
previous fiscal year. The Budget and Control Board shall develop
uniform criteria for the efficiency and effectiveness measures to
be included in the report.
129.48. After review by the Joint Bond Review
Committee, the State Budget and Control Board may transfer to the
Bond Contingency Revolving Fund any capital improvement bond
project balances determined not to be usable or needed. Capital
improvement bonds issued on behalf of the Mental Health Commission
as provided in Act 151 of 1983 and Act 1272 and 1276 of 1970, as
amended, or to bonds issued on behalf of the Commission on Mental
Retardation as provided in Section 44-21-1010 et seq. are exempt.
Before accomplishing a transfer of this type, the required
determination must be made by the agency for which the funds were
authorized or by the Board if the agency no longer exists and the
Board must find that the purpose for which the funds were
authorized has been achieved.
129.49. Notwithstanding any other provision of law or
this Act, state agencies and institutions may, at their
discretion, hire employees to fill temporary grant positions
specified in federal grants, public charity grants, private
foundation grants, and research grants approved or authorized by
the appropriate state authority in accordance with the following
provisions:
A. Only those funds authorized within the approved federal
grant, public charity grant, private foundation grant, or research
grant can be used to pay the salaries and/or benefits of temporary
grant employees hired under this provision.
B. Temporary grant positions, employees, and the conditions of
their employment shall be reported in accordance with provisions
developed by the Division of Human Resource Management of the
Budget and Control Board.
C. Positions established under this provision must be limited
to and must not exist beyond the duration of the grant or any
subsequent renewal of it. When the grant or any subsequent renewal
ends, temporary grant employees must be terminated and their
positions will cease to exist. Temporary grant employees will be
exempt from the provisions of Sections 8-17-310 through 8-17-380
of the 1976 Code, as amended. State agencies and institutions must
terminate all temporary grant positions at any time funding upon
which the grant is based is terminated or is insufficient to
continue payments under the conditions of the grant.
D. Temporary grant employees may be eligible for the same
benefits, excluding permanent or probationary employment status,
available to permanent state employees provided that such funds
are available within the grant.
E. Temporary grant employees shall be deemed to be employed
at will. The temporary grant employee shall not be entitled to any
compensation beyond the date of termination, other than for such
part of the grant that has been performed.
F. Discretionary determinations by a state agency or
institution as to whether to hire an employee pursuant to this
proviso are final and not subject to administrative or judicial
appeal.
129.50. All funds involved in the settlement of
asbestos litigation cases, with the exception of those funds
involving the University of South Carolina system and Clemson
University, must be deposited into an interest bearing account in
the State Treasurer's Office entitled "Asbestos Expense Trust
Account". The University of South Carolina system and Clemson
University must deposit all funds involved in the settlement of
asbestos litigation into separate institutional interest bearing
accounts entitled "Asbestos Expense Trust Account", with each
institution's name appropriately captioned in their respective
accounts, to be maintained in the State Treasurer's Office. These
accounts shall only be used for expenses relating to asbestos
litigation, asbestos abatement, or other asbestos related expenses
or projects. Such projects must be approved by the Budget and
Control Board after review by the Joint Bond Review Committee.
129.51. Agencies of the state may contract with private
individuals for personnel services for periods not to exceed
twelve months and for amounts of less than $60,000,
notwithstanding any other provision of law.
129.52. Notwithstanding any other provision of law, a
retired member of the System may return to employment covered by
the System and earn up to ten thousand five hundred dollars a
fiscal year without affecting the monthly retirement allowance he
is receiving from the System. If the retired member continues in
service after having earned ten thousand five hundred dollars in a
fiscal year, his retirement allowance must be discontinued during
his period of service in the remainder of the fiscal year. If the
employment continues for at least forty-eight consecutive months,
the provisions of Section 9-1-1590 apply. The provisions of this
section do not apply to an employee or member of the System who
has retired mandatorily because of age pursuant to Section
9-1-1530.
129.53. Notwithstanding the provisions of subsections
(1) and (2) of Section 9-11-90, a retired member of the System may
return to employment covered by the System and earn up to ten
thousand five hundred dollars a fiscal year without affecting the
monthly retirement allowance he is receiving from the System. If
the retired member continues in service after having earned ten
thousand five hundred dollars in a fiscal year, his retirement
allowance must be discontinued during the period of service in the
remainder of the fiscal year. If the employment continues for at
least forty-eight consecutive months, the provisions of Section
9-1-1590 apply. The provisions of this section do not apply to an
employee or member of the System who has retired mandatorily
because of age pursuant to Section 9-1-1530.
129.54. There is established a committee to study an
alternate electronic funds transfer system to deliver benefits to
qualified recipients. The committee shall consist of one
representative from each of the following agencies: the South
Carolina Department of Social Services, South Carolina State
Health and Human Services Finance Commission, the South Carolina
Employment Security Commission, the State Re-organization
Commission, and the State Treasurer. One member each shall be
appointed by the President of the Senate, the Speaker of the House
of Representatives, and the Governor. The Committee shall provide
oversight and monitoring of the implementation of the alternate
electronic benefit transfer pilot project.
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